DRAFT

Regular Meeting December 12, 2005

Charlton Town Board

Saratoga County

New York

 

 

After the pledge to the flag, the invocation was given by Town Clerk Gail Hanchar.

 

At the regular meeting of the Town Board of Charlton, Saratoga County, New York held

at 7:35 P.M. at the Charlton Town Hall, called to order by Supervisor Acunto, there were present:

 

                                    Councilman Alan Grattidge

                                    Councilman Robert Lippiello

                                    Councilman Dorothy Mitchell

                                    Councilman Sandra Verola

                                    Supervisor Ferdinand Acunto

 

Also present was Town Attorney Robert VanVranken.

 

One sealed bid was opened for the 2001 Dodge Ram Van.  It was from Steven Burger,

19 Morningside Drive, Latham, New York.  The bid was $7,011.11.

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that the minutes of the November 14 Public Hearing and Town Board Meeting, November 28 Special Meeting and Agenda Meeting and the December 7 Special Meeting be accepted as received:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

 

ABSTRACT OF CLAIMS: 

 

The total of the bills approved at the Agenda Meeting was $46,412.28.

 

 

TOWN CLERK’S REPORT:

 

Gail Hanchar read the Town Clerk’s Report.  She reported taking in $121.65.  Motion made by Councilman Grattidge, seconded by Councilman Verola.  PASSED UNANIMOUSLY.

 

 

PRIVILEGE OF THE FLOOR (Agenda Items):

 

No comments.

 

 

SUPERVISOR’S REPORT AND ANNOUNCEMENTS:

 

November expenditures and revenue:

General Fund - Expenditures of $44,297.17.  Revenue of $178,680.07.

Highway Fund  -   Expenditures of $27,481.86.  No revenue.

Water District #1 – Expenditures of $5,315.25.  No revenue.

Water District #2 – Expenditures of $174.66.  No revenue.

 

 

There were 857 hits on the web site for November.

 

The Town Hall will be closed December 23-26 and December 30-31.

There has been a decision from the New York Supreme Court Appellate Division in the matter of Capital Real Estate vs. the Town of Charlton.  We did not prevail in that appeal. 

 

 

COMMUNICATIONS:

 

We received a letter of resignation from Torben Aabo from the Technology Board due to work commitments.

 

We received a letter from Vicki Hayner regarding veteran’s exemptions at Level K.  This is something the county has already approved.  We will have to pass a local law accepting the new values.  The values at Level K are: 

$ 36,000.00 – The 15% exemption maximum value for a veteran who has served during   

                      defined periods of war or who have received expeditionary medals

$ 24,000.00 - A 10% additional exemption maximum value for a veteran who has served 

                       in a combat theatre or a combat zone.

$120,000.00 – The 50% maximum value exemption for a veteran who receives a service

                        connected disability rating from the Veteran’s Administration or the

                        Department of Defense.

Vicki recommends we follow the county and pass a local law allowing for the new maximum values for veteran’s exemptions.  Councilman Grattidge stated we would need to do this before March l.

 

We received a letter from attorneys for the water district, Tabner, Ryan and Kenir regarding inquiries made from residents along Lake Hill Road asking for an extension to the water district.

The firm is ready to move forward with direction from the water district liaison.  Councilman Lippiello said that application will not come until next year.

 

 

CONTABLES:

 

For the month of November there were 30 patrols, answered 14   911 calls, covered 2,653 miles, issued 23 tickets and investigated 3 accidents.

 

 

ECC:

 

Councilman Grattidge said he asked Marv to be involved in our Storm Water Management Program.  The Town Attorney, Councilman Grattidge and Marv attended a workshop at the county last month.  They are talking about incorporating the language of these laws into our ordinance. 

 

 

E-GOVERNMENT:

 

We had a meeting in December.  Our Charter will be published very soon.  Our minutes are being published on the web.  John Kelly has developed a CMS Program.  All the committees will be working with this.   We are working on the town forms trying to get them all on the web. Eventually you will be able to go to the web, download the forms and fill them out.  If other attachments are necessary, that will be included.  We are looking at having the newsletter emailed to residents rather than being mailed.

 

 

HIGHWAY:

 

They are working on their snow removal program and the new town hall site to help with drainage that comes from the adjoining property.

 

 

 

 

 

HISTORIAN:

 

A letter was written to Mrs. LeGere regarding her property in the Historic District commenting on the pump factory.  The letter was put together by the Historic District and Mr. VanVranken.  It was mailed with a copy to the real estate agent.

On November 17 Laura attended the Public Regional Workshop at Malta Community Center regarding the green infrastructure plan for Saratoga County.  Four maps are coming from that plan.  Laura is working on the one for Historic and Cultural Resources Group. They are putting on the map all of the sites of historic concern or other matters of historic interest.

On November 17 and 18 Laura participated in the Researching New York 2005 Conference at SUNY Albany.

On November 20 there was a meeting of the Western Frontier Plantation Society of Colonial New York at the Fulton Montgomery Community College.  400 people attended.

Laura is working with the Capital Region Archives Dinner Committee reviewing last year’s annual dinner and planning for next year.

Last month we put together two grant applications for monies from the Local Government Records Improvement Fund. 

Florence Robinson passed away recently.  She was a caring and active community member.

 

 

PARKS:

 

The Committee is hoping the receive money from the grant application they submitted.  

 

 

PLANNING BOARD:

 

They are not meeting this month.  They have a number of project before them.

 

 

RECORDS ADVISORY BOARD:

 

The two grant applications were completed and mailed.

 

 

TECHNOLOGY BOARD:

 

John Tasse thanked Torben for his service to the Board.  They have been supporting Gail and Heather with technology advice.  They are looking at other things they could do for the Town Clerk’s office.  They will be meeting next Tuesday.

 

 

TOWN HALL:

 

The architect sent a letter today with a tentative schedule for the new town hall.  Mr. Vosburgh will be attending the Agenda Meeting on Tuesday, December 27 to review the construction documents with the Town Board.  The highway department is working on the drainage of the lot.  There is a large drainage area to the north of our property that comes down and spreads over our lot.  We are setting a catch basin up where the water comes on to our property and then we will pipe it to the ditch.

 

 

WATER:

 

We have had a second line brought under the Alplaus from Little Troy Lane.  The conditions of the contract have been met and we can accept the completed project.  There were several changes made during the project.  The total bill from Cutting Edge is for $134,103.26.

 

Motion made by Councilman Lippiello, seconded by Councilman seconded by Councilman Grattidge that Resolution #137, A RESOLUTION TO AMEND RESOLUTION #115 OF 2005 AUTHORIZING THE AWARDING OF A CONTRACT FOR THE INSTALLATION OF AN ALERNATIVE WATER DISTRICT TRANSMISSION LINE ACROSS THE ALPLAUS KILL TO CUTTING EDGE GROUP NOT TO EXCEED $99,100.00, be approved:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   No

                                                Supervisor Acunto                   Yes

 

Motion made by Councilman Lippiello, seconded by Councilman Grattidge, A Motion to approve payment of Abstract #113 which is a bill from Cutting Edge for $134,103.26, be approved:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   No

                                                Supervisor Acunto                   Yes

 

 

ZBA:

 

They are not meeting this month.  They have a hearing scheduled for January.

 

 

ZONING:

 

For the month of November they issued 8 permits, 1 CO and collected $837.00.

 

 

RESOLUTIONS:

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #138, A RESOLUTION ADOPTING LOCAL LAW #2 OF 2005 REGULATING THE USE OF RESIDENTIAL OUTDOOR WOOD BURNING FURNACES, be approved:

 

Councilman Grattidge asked the Zoning Administrator to clarify the issue of solid fuel opposed to just wood.  Dave said the Building Code calls it an outdoor solid fuel burning device.  That would include things like wood, coal and corn.  David said it should also say furnace/boiler.  Bob VanVranken said that the definition on the second page says that only firewood and untreated lumber are permitted to be burned in any outdoor wood burning furnace.  Instead of saying solid fuel, you need to be more specific.  This would need to be amended.  Bob said the changes would require another public hearing.   Councilman Grattidge said the pre-existing units coming in for a permit seem to be an issue.  Why was that included in the law?  Bob said he included it because the Environmental Commission specifically requested it.  Councilman Verola suggested we table this until we get more information.  Some comments were made regarding progress with emission control that she would like to look into further before the Board does something that would be prohibited in a particular district.  Bob said we have a motion on the floor to adopt this local law.  We could amend it, vote it down, amend to adjourn for additional information or redrafting.   Councilman Grattidge said this seems to give the ZBA latitude to look at existing conditions and grant relief.  Bob said that someone with an existing unit, if you left the legislation as it is and who didn’t comply with the current regulations, could go to the ZBA under this provision and seek a variance to the current regulations and the standard for review is identical with an area variance.   Councilman Grattidge said what we are trying to address here is the creation of a nuisance.  We have an Open Burning Ordinance in the southern part of town that was created because people were burning leaves and brush and it was creating a nuisance.  Instead of putting a blanket zone south of Charlton Road, we tried to craft this in a way that somebody that lived in the residential area would be able to meet the regulations and have a wood burning furnace.  There are places where you could meet this regulation in the residential area.  Alan believes that the side line and lot line setback are very appropriate for what we are trying to accomplish here.  We are not trying to deny people the right to burn wood as a source of heat.  We are trying to avoid a nuisance for surrounding people.  He would like to see us make some amendments to it but have the main thrust moving forward.

           

            Approved:            Councilman Grattidge               No

                                                Councilman Lippiello                No

                                                Councilman Mitchell                 No

                                                Councilman Verola                   No

                                                Supervisor Acunto                   No             

 

Motion made by Supervisor Acunto, seconded by Councilman Verola that Resolution #139, A RESOLUTION TO ACCEPT THE BID FOR THE PURCHASE OF A 2001 DODGE, CARGO VAN AT A PRICE OF $7,011.11, be approved:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #136, A PROCLAMATION CONGRATULATING THE BURNT HILLS BALLSTON LAKE GIRLS 2005 VARSITY VOLLEYBALL TEAM UPON WINNING THE NYS CLASS A CHAMPIONSHIP, be approved:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

Motion made by Councilman Grattidge, seconded by Councilman Verola that Resolution #140, A RESOLUTION AUTHORIZING THE REFUND OF A ZONING BOARD OF APPEALS APPLICATION FEE, be approved:

 

Supervisor Acunto stated that the money was collected and there was no need for a hearing.

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #141, A RESOLUTION SETTING A PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW #2 OF 2005, A LOCAL LAW ESTABLISHING A FIVE MEMBER PLANNING BOARD TO BE HELD ON TUESDAY, DECEMBER 27 AT 7:00 P.M. AT THE TOWN HALL, be approved:

 

Councilman Grattidge said this has been a topic of discussion for the past month in working toward our annual appointments.  It was felt a five person would be able to work through the cases and paperwork more efficiently than a seven person board.  Councilman Grattidge received a good response from the Chairman of the Planning Board.  You can only reduce the membership as the terms expire.  This year we would be filling the one year remaining in Mrs. Herrin’s position from which she resigned.  Next year that term would expire and you would have a five person board.  Mr. Van Vranken read the Local Law.

 

Councilman Verola asked that if we went to a five member board and it just didn’t work, we could go back to the seven member Board.  Mr. Van Vranken said that was correct.

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

Supervisor Acunto                        Yes

 

Supervisor Acunto stated that we received notice that we did not prevail in our appeal regarding the Capitol Real Estate project on Crooked Street.  If we wish to go forward with this to the Court of Appeals we have 30 days.  The clock began on November 17.    We would be voting on moving forward.

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #142, A RESOLUTION TO PROCEED AND SUBMIT AN APPLICATION TO THE NEW YORK STATE COURT OF APPEALS, be approved:

 

Rather than read the 18 page resolution, Mr. Van Vranken gave an overview of the project.  He then explained that we could go forward or not go any further.  The Court of Appeals is the only court left.  When you have a 5-0 vote from the Appellate Division, the Court of Appeals almost never takes the case up through.  It will only take it with a 5-0 vote if there are two conditions which would include a conflict of law or if the nature of the case is so special that it would impact the entire state.  These conditions don’t apply.  For every 100 cases that go to the court of appeals, they take 8.   Supervisor Acunto said that he feels this Board has done all that it can do.  The Town has approximately $12,000.00 of the taxpayer’s money invested in attempts to appeal the decisions.   

 

                        Approved:            Councilman Grattidge               No

                                                Councilman Lippiello                No

                                                Councilman Mitchell                 No

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   No

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #143,       A RESOLUTION ADDRESSING THE MERITS OF THE PETITION FOR A WATER DISTRICT EXTENSION PROPOSED BY CAPITOL REAL ESTATE, be approved:

 

Mr. Van Vranken gave some background on this resolution.  He said there were some additional issues which are unresolved.  This resolution specifies those issues of the subdivision and the terms and conditions of the water district that are, in our opinion, in need of confirmation with the applicant.  We are saying we are granting the subdivision pursuant to court order but we are doing it conditioned upon the resolution of about 17 or 18 different items.  We want to be very clear with the applicant that we feel these things need to be resolved before their project can move forward.  They have currently refused to set down with us and discuss these items.    

 

                        Approved:             Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

Motion made by Councilman Grattidge, seconded by Councilman Lippiello that Resolution #144, A RESOLUTION TO TRANSFER FUNDS, be approved:

 

                        Approved:            Councilman Grattidge               Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes

 

 

COUNCILMAN REPORTS:

 

Councilman Grattidge – Thanked Gail, Dot and Fred for their service to the Town.

Councilman Lippiello – Also thanked Gail, Dot and Fred.  Dedication and effort keeps our town and others flowing smoothly.

Councilman Verola – Thanked those leaving.  They have served the Town well.  They will be missed.

Councilman Mitchell – Thanked Gail and Fred for their service.  Thank you for the privilege of serving the town.  Wished everyone a Merry Christmas and Happy New Year.

Supervisor Acunto – He feels very confident with the new group coming in.  Wished them well.  Thanked the residents for giving him the privilege to serve as Supervisor.  It has been a pleasure to work with Bob Van Vranken.

Bob Van Vranken said it has been a very good 8 years serving at Town Attorney.  It has been challenging and interesting.  He said that in order to serve in public office it takes a lot of courage.  He respects the Boards perseverance, trust and courage because it takes courage to do what you believe is right.

 

 

PRIVILEGE OF THE FLOOR:

 

Councilman Grattidge said Mr. Vosburgh will be making a presentation on December 27.  If nothing comes up from the time he drops them off, we would like to authorize him to go to bid at our January meeting.   We would be ready to go out to bid the end of January.  There is approximately a 4 week period for the contractors to get their numbers together and submit them back to him.  At our March meeting, we are hoping to accept the bid.  Once the bid has been accepted, we are giving the contractors a 6 week window to gear up for the job.  John said he is concerned that the Technology Board has a week to review it before you are going to start handing it to contractors.  He wants to see the specs. reviewed for cost effectiveness and to make sure that everything is in there that we have asked for.

 

John stated that he is also concerned that the Town Board has scheduled a public hearing on a pretty big change to the Planning Board in between the holidays.  He feels that may not be the best time to broach that.

 

John asked about the ruling concerning the water district.  What this may mean is that we can’t stop the growth of the water district unless there is an improved procedural way if we don’t want to continue to extend the water district through more portions of the town.    Should the Town Board have denied the water district before we went through all of the stuff to approve the subdivision?

 

Mr. Van Vranken it was not relative in the court deliberations.  We thought it would be but they didn’t look at it that way.  In terms of the process that is in place now, it is vastly improved from where it was in 1993.  In 1993, the process was flawed because of some real misinterpretation of some documents.  There was a lack of understanding or commitment to the process of going out and seeking formal water district extension approval.  The Planning Board made an assumption based on a letter from the Town of Glenville to the Town of Charlton saying, “Yes, we will provide the water” but the water district itself was never approved. John asked that if in the future are we in a position where if we want to deny the next extension application do we have that power.  Mr. Van Vranken said it would be based on merits.  John said he wanted to express his concern that we need to figure out if we don’t want to continue to extend the water district, the correct way to control that for the good of the town.  

 

Eileen Stone said there is another water district proposal coming up off of Swaggertown Road.  The Planning Board has been saying at it’s meetings is there are two different processes.  The Planning Board will approve or disapprove the developer’s plan based on the merits of what they bring but not water.  Water will be decided by the Town Board.  She feels developers will be angry initially because of the way the process is set up. They will have invested time and money and still not have water approval.  She feels that if the Town Board and residents have concerns about water district extensions and large subdivisions, it would be in the best interest of the Town if they want development in certain areas to accomplish it through the Comprehensive Planning process.  We need to make things clearer for developers about where there might be possible water extensions and where there will not.  Charlton will continue to have difficulty because of lack of clarity.  Mr. Van Vranken said he believes what Eileen is saying is accurate.  The applicant has put a cluster development and traditional subdivision on the table.  The Boards are trying to get to a preliminary approval earlier in the process.  When the developer comes to the Town Board for water, they want an idea of how you are going to develop the site so they can make a reasonable decision.  Bob said the other problem is that we have legislation at the State level that ought to be amended because it states what the Board can and can’t do.  Eileen said she also feels that having a Public Hearing on the Planning Board during a holiday week to get public input is unfortunate.  She feels they are overworked and reducing the number of people participating may not be efficient.

 

Ed Ladue asked how the Board would handle a response to “letters to the editor”.  There was a letter in the paper from Mr. Hughes.  Supervisor Acunto said he read the letter and was shocked to hear what Mr. Hughes was saying because the water in the creek was tested by the Department of Health about ½ mile from Mr. Hughes home.  This was done in connection with our Storm Water Management Program and the report said the water was drinkable.  Ed also asked about the letter from Mr. VanKeuren.  Supervisor Acunto said he was surprised about his reference to speed reductions.  He works for DOT and should know that this town has no jurisdiction on speed reductions.  Ed said he felt some of Mr. VanKeuren’s suggestions went overboard.

 

Torben Aabo said he was concerned after reading Mr. VanKeuren’s letter because he felt it could cost the taxpayers of Charlton money for having a new development built on Crooked Street because of the comments on town roads.  Is the town asking the developer to do some of the things Mr. VanKeuren is suggesting?  Supervisor Acunto said the Planning Board is supposed to be thinking about those, not the Town Board. 

 

Eileen Stone asked if the Crooked Street subdivision could force chlorination of our water system.  Is that a hardship on the town?  Mr. Van Vranken said that is an issue that will be raised.  Eileen asked if the Appellate Court’s decision made the development a done deal or does the town still have any recourse if the Board decided it was in the best interest of the town not to have the development there?  Mr. Van Vranken said “no” but we believe we have the ability to impact what gets put there.  We feels there are some issues with what was finally approved.  Only the first Phase was approved.  The second and third only have preliminary approval.  The resolution was drafted because we would not like to make this a legal problem for the life of the subdivision.  I am optimistic based on some conversations.

 

Eileen asked that should other applicants come for an extension of the water district and the Town Board decided it was not in the best interest of the town, what is the clear basis on which they can be denied?  Mr. Van Vranken said it would be “yes” or “no” with substance behind either answer.

 

The next Agenda Meeting will be Tuesday, December 27 at 7:30 P.M. with a Public Hearing at 7:00 P.M. to hear input on reducing the number of members on the Planning Board.

 

There will be a swearing in ceremony on January 1, 2006 at the Freehold Church at 2:00 P.M. for the new Town Board members and elected officials.

 

On January 2, 2006 at 7:30 P.M. there will be a Special Meeting of the Town Board to act on the Organizational Resolutions.

 

After everyone had the opportunity to speak who wished, the meeting was adjourned at 9:35 P.M.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Gail Hanchar

                                                                                    Town Clerk